Study Notes on Cicero and Natural Law

8/12/2019 Study Notes on Cicero and Natural Law

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Study Notes on Cicero and Natural Law

John S. Uebersax

www.john-uebersax.com

Contents

1. Prolegomena to the Study of Cicero2. A Chronology of Ciceros Life3.

Cicero's Philosophical Writings

4. Dimensions of Natural Law in Cicero's Thought5. Reading. Robert N. Wilkin, Cicero: Oracle of Natural Law, The Classical Journal, 44(8),

May, 1949, pp. 452456.

6. Reading. Introduction: Marcus Tullius Cicero (Walter B. Gunnison, Walter S. Harley,Marcus Tullius Cicero: Seven Orations, Boston, 1912, pp. xviixl (annotated).
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Prolegomena to the Study of Cicero


Why Cicero Today?

The study of Cicero is more relevant today than ever. To form any just appreciation of the man and hiswork, one needs to understand his times. As this topic is neglected in modern universities, a brief

summary is supplied here. Those wishing to know more about Roman and Greek history might, in

addition to reading, wish to consult some of the excellent ancient history courses offered by The

Teaching Company (seemy recommendations).

Life and Times of Cicero

Cicero lived from 106 BC to 43 BC. He reached maturity and the height of his ability at just the time the

mighty Roman Republic imploded. The Roman Republic was a marvel of efficient and just (for its time),

government. In addition to several lesser institutions, the Senate made laws, and two consuls, elected

yearly, performed executive duties. As the Republic grew strong, it conquered rivals, and expanded its

territory. A social and economic gulf between the landed equestrian order, to which Cicero's family

belonged, and a lower class existed. The latter increasingly located to the city of Rome where, easily

manipulated by demagogues, they demanded more favorable re-distribution of money and land.

Cicero's youth had seen several bloody coups and shakeups of the Roman government. A series of civil

and social wars occurred, of which the famous events involving Julius Caesar, Marc Antony, and

Augustus were only the end results. While patriotic and virtuous as a rule, the equestrian order and its

political manifestation, the Senate, either could not or would not take adequate steps to satisfy the

masses. Some suggest that the Republic had simply grown to large to continue.

A major change seemed inevitable in any case. If Roman culture excelled at one thing, it was the

production of a class of talented and supremely ambitious men

of just the sort who would vie witheach other to seize the initiative under unstable conditions. The motif of a disgruntled general marching

into Rome and declaring himself dictator became almost prosaic.

In 60 BC the First Triumvirate was formedan alliance between Julius Caesar, the immensely wealthy

Crassus, and the great general Pompey. (Cicero was been asked to be a fourth member but declined.)

The First Triumvirate, of course, was short-lived, and eventually came to bitter conflict, in which Caesar

prevailed. The Roman Republic, patched up, staggered on a few years more.

By 44 BC, following ceaseless political and social conflict, Caesar dissolved the Republic, and declared

himself dictator. To say this broke the heart of Cicero, the fierce lover of everything traditionally Roman,

is an understatement. For reasons unknown, Cicero did not join his close friends Brutus and Cato, andother members of the Senate in assassinating Caesar on 15 March 44.

With the Roman government now in complete shambles, Cicero assumed moral leadership, but not for

long; Marc Antony was determined to step into Caesar's role. Against this Cicero launched his famous

Philippics, a series of public speeches that denounced Marc Antony in the most acrimonious of terms,

and so-named after the comparable speeches in which the famous Greek orator Demosthenes had

denounced Philip of Macedonia three centuries earlier.
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Meanwhile Cicero worked with Octavius (Julius Caesar's nephew, later named Augustus), to restore

traditional government. But to no avail. Octavius joined Marc Antony and Lepidus to form the Second

Triumvirate in 43 BC. Each member supplied a list of political rivals to execute. High on Antony's list

was his nemesis, Cicero; Octavius, under the terms of their agreement, did not prevent Cicero's killing.

Not long afterward Octavius defeated Marc Antony and declared himself sole Emperor of Rome. A brief

renaissance was enjoyed during the reign of Octavius; the Pax Romanahad commenced. Yet many

historians concede that it was the formation of the Roman Empire from the original Republic that

marked the beginning of Rome's decline.

Cicero's Relevance Today

Understanding Cicero's historical context helps us see several features of his modern relevance.

1. Cicero is poised at the crossroads between the ancient and modern worlds. Greece had already

fallen, but Greek scholars flocked to Rome and brought their learning with them. Cicero, who studied

under Greek teachers, acquired this learning. He transmits to us the philosophical treasures ofantiquity. Many Greek philosophers and their doctrines are known to us only from Cicero's works.

2. Cicero was witness to the political convulsions that marked the end of the Roman Republic.

Moreover, he both held high political offices himself, and was on intimate terms with virtually all the

leading figures. Hence he is an invaluable source of information on affairs which arguably parallel in

several respects the situation of the US today.

3. Cicero was not only a lawyer, statesman, and writer, but one of the greatest orators the ancient world

knewan equal of the great Demosthenes. Further, he was not only a good writer, but an

unsurpassed prose stylist, an artistic genius of the written word who mixed every manner of rhetorical,

poetic, and literary device to produce works that are as fresh, enjoyable, and illuminating today as theywere 2000 years ago.

4. A distinct advantage of studying Cicero is the extent and relative completeness of his extant works. A

complete collection would cover 20 volumes, and include letters, legal and political speeches, works on

rhetoric, and his philosophical writings.

5. It cannot be emphasized too strongly the deep imprint Cicero has made on Western civilization.

Among secular figures, only Plato has exerted comparable influence. In truth, we have no way of

quantifying Cicero's influence. It is so ubiquitous that it is like the air we breathe. It is in our

institutions, our culture, our government, our modes of thought. It is sometimes said that St. Augustine

invented the modern mind, but this claim, arguably, could more properly be said of Cicero (and, lest we

forget, Cicero himself was a towering influence on Augustine).

6. Then why is Cicero so little studied today? One can, by comparison, find dozens of books written in

the last 50 years about Plato and Plato's ethical philosophy. The same period has seen but one

creditable book on Cicero's social ethics (Neal Wood, Cicero's Social and Political Thought, 1988). The

superficial explanation is that this is because classics in general have been banished from the university

since around 1900. But for those who are willing to probe more deeply, almost the reverse hypothesis


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suggests itself: that classics were eliminated in part so that people would not read Cicero and his like;

for if they did they would become enlightened, and able to cast of their chains.

It is perhaps ironic to see Cicero, the champion of tradition and aristocratic Republicanism, as being

vitally relevant to the struggle of "the 99%" today. But that is even further testimony to the genius and

character of the manwho wrote, especially at the end, from a pure and elevated consciousness,

always concerned with truth and virtue for their own sake, always placing clear-sighted regard for

honestum(honesty and dignity) and humanitasabove any particular belief, theory, or doctrine.

rev. 2014-07-08

John Uebersax



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A Chronology of Ciceros Life (106-43 B.C.)

Chronology of writing and publication of some of Cicero's works is uncertain.

106 M. Tullius Cicero born at Arpinum (Jan. 3).Capture of Jugurtha by Sulla.Cimbric Wars (113-101)Consulships of Marius (107, 105-100)

104 Brother Quintus born.

90 Cicero's military service in the Social War under Gn. Pompeius Strabo.Social War (revolt of Italian allies) (91-88).First Mithridatic War (88-85).Civil wars of Marius and Sulla (88-82).

81 Pro P. Quinctio.Dictatorship of Sulla - Senate restored to power.

80 Pro Sex. Roscio Amerino.Sulla abdicates power.

79-77 Cicero studies rhetoric in Athens and Rhodes (returns in 77).

77 Cicero marries Terentia (?).Pro Q. Roscio Comoedo (?).

75 Cicero serves as quaestor in western Sicily (Lilybaeum).Third Mithridatic War (74-63)

70 Divinatio in Q. CaeciliumIn Verrem

First consulship of Pompey and Crassus.

69 Cicero aedilePro A. Caecina, Pro M. Fonteio, Pro M. Tullio

67 Lex Gabinia gives Pompey extraordinary command against pirates.

66 Cicero praetorPro Cluentio, Pro Lege Manilia

Lex Manilia gives Pompey command against Mithridates.

65 Son Marcus born

63 Ciceros consulship. Conspiracy of Catiline

In Catilinam, Pro Murena, Pro C. Rabirio, Contra RullumPompey defeats Mithridates and organizes the East.

62 Cicero testifies against Clodius in the Bona Dea trial.Pro Archia, Pro Sulla

60 1st Triumvirate formed (Pompey, Crassus, Caesar) - Cicero refuses to join.

59 Pro FlaccoFirst consulship of Caesar.


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58 Cicero exiled (goes to northern Greece).Caesar conquers Gaul (58-50)

57 Cicero recalled from exile.De Domo Sua, Post Reditum ad Quirites, Post Reditum ad Senatum

56 Pro Balbo, Pro Caelio, Pro Sestio, In Vatinium, De Haruspicum Responsis,Provinciis Consularibus

Conference of Luca - First Triumvirate reaffirmed.

55 De Oratore, In PisonemSecond Consulship of Pompey and Crassus.

54 Pro Plancio, Pro Rabirio PostumoRioting in Rome between gangs of Milo and Clodius (54-52).

52 Pro MiloneClodius murdered by MiloPompey appointed sole consul.

51 Cicero proconsul of Cilicia (until middle of following year).

De Republica, De Legibus50 Cicero returns to Rome amid rumors of civil war.

Dispute grows over Caesars command in Gaul.

49 Civil War between Caesar and Pompey - Cicero reluctantly followsPompey to Greece.

48 Caesar defeats Pompey at Pharsalus, Cicero returns to Italy.

47 Cicero divorces Terentia.Caesar pardons Cicero. Cicero withdraws from politics.

Final campaigns of Civil War in Asia, Africa and Spain (47-45).

46 Cicero marries and divorces PubliliaBrutus, De Optimo Genere Oratorum, Orator, Paradoxa Stoicorum, Pro

Ligario, Pro Marcello

45 Tullia diesAcademica, De Finibus, Disputationes Tusculanae, Pro Rege Deiotaro

44 Cicero rallies Senate after assassination of Caesar, opposes Antony.Topica, De Senectute, De Amicitia, De Divinatione, De Officiis

43 Civil Wars break out again. Ciceros delivers Philippicsagainst Antony.Octavian occupies Rome, joins with Antony and Lepidus to formSecond Triumvirate. Cicero proscribed and killed (December 7, 43).


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Cicero's Philosophical Writings

the state and contributing to the public good by instructing his fellow citizens, especially the

youths, in the most noble learning.2We know that for Cicero, the politician par excellence,

philosophy was an important substitute, but only a substitute, for the life of action, a means of

solace in his isolation and exclusion from the public forum. The works he lists in On Divination

are Hortensius,Academics, On Good and Evil Ends[De Finibus], Tusculan Disputations, On the

Nature of the Gods, On Fate, On Consolation, On Old Age, Cato, On Oratory, Brutus, and Orator.

Of the Hortensius, On Consolation, and Catohave been lost. Another perished work, On Glory,

was written in the summer of 44, when he also began his last philosophic tome,On Duties,

completed in the autumn and judged by many to be his masterpiece. His last writing, finished

before the end of the year, On Friendship, was dedicated to Atticus."1Letters to Friends, 11.27.5.2On Divination, 2.12.

Natural Law

The works most relevant to Natural Law are (in rank order) De Legibus, De Republica, De Officiis, De

Finibus, and De Natura Deorum. (This is a tentative list and subject to revision.)

Links

Links to various editions (most in public domain) ofCicero's philosophical works Clayton, Edward. "Cicero," The Internet Encyclopedia of Philosophy,

http://www.iep.utm.edu/cicero/, 8 July 2014.

rev. 2014-07-08

John Uebersax

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Dimensions of Natural Law in Cicero's Thought


As already noted, the scarcity of modern literature on Cicero's philosophical views is such as to make

one suspect intentional neglect. The sole exception to this rule has been the legal literature. Here,

however, we have, potentially, too much writtenor, at least, too little attention to consistency and

integration of literature; that is, any legal writer, perhaps armed with a little Latin, can string togetherisolated quotes from Cicero and 'prove' just about anything. In any case, the sheer volume of Cicero's

writings makes it difficult to formulate a comprehensive view of his beliefs on this or any topic.

Natural Law, generally and with specific reference to Cicero, has many different and sometimes

conflicting meanings. Wilkin (1949; see enclosed article) argued that we might separate out what he

called Natural Moral Law as a distinct topic. This is a good suggestion, but doesn't go far enough. I

would suggest that there are at least five distinct topics subsumed under the general heading of Natural

Law in Cicero's works. While distinct, they are also interpenetrating, and in order to thoroughly

appreciate any one it is helpful to know at least a nominal amount about the others. We may

provisionally label these five dimensions: (1) legal and judicial; (2) ethical; (3) epistemological; (4)

political; and (5) theological and metaphysical. Some leading issues of each are outlined below.

1. Legal and Judicial

a. What is Law?b. What is metaphysically real about Law?c. What is Justice?d. What are the implications of the above points for human laws?e. For our legal and judicial institutions?

2. Ethics

a. What leads to human happiness? (Answer: a life that accords with Nature.)b. How can society promote individual happiness?c. What is the nature and role of human virtue?

3. Epistemology

a. What is conscience?b. How does one know what is right and wrong?c. Is this knowledge universal or variable? Objective or subjective?

4. Political and Social Theory

a. What are ones moral duties to others?b. What are ones civil duties?c. Duties to all humanity (cosmopolitanism)d.

What is a just society?

5. Theology and Metaphysics

a. A benevolent Supreme Being created and governs all.b. The name for this governance is Providence.c. "All things work together for good."d. When ones moral life is properly ordered (virtue-oriented), one lives in harmony with Nature.


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Natural Law and Stoicism

A certain amount of confusion exists concerning Cicero's philosophical orientation. His writings make

very clear that he identified himself as a Platonist. Plato's Academy was founded around 387 BC in

Athens and still existed in Cicero's time. When Cicero spent several months in Athens, he studied under

the head of the Academy, Antiochus of Ascalon. He had also been taught by the previous head, Philo of

Larissa, when the latter visited Rome. The hallmark of this phase of Platonism (the New Academy) was

skepticism. Following the lead of Socrates, Academic skeptics claimed to have certain knowledge about

virtually nothing. However, unlike the more radical Pyrrhonian skeptics (named for the Greek

philosopher, Pyrrho), they allowed that one can still act decisively, based on assessing probabilities of

truth or falseness of a proposition.

Cicero's philosophical studies were not confined to Platonism. Indeed, overall, he spent more time

studying under Stoics than Platonists. Moreover, the philosophical schools at this time were strongly

eclectic, with a lot of borrowing amongst them going on. Finally, while Stoicism and Platonism are

considered two different schools, a good argument could be made that, at least in terms of ethics,

Stoicism was something of a branch of Platonism. In any case, the distinctions between the Platonists,

Peripatetics (Aristotle's school), and Stoics were somewhat blurred at this time.

Therefore it is unsurprising that many of Cicero's most important views on Natural Law are largely Stoic.

To characterize the Stoic view fairly simply, it is that (a) a benevolent and wise Supreme Being governs

all Nature; (b) human happiness and the aim of ethics is a 'life in accord with Nature'; (c) for this to

happen, one must recognize and follow ones instinctive interest in and attraction to virtue; (d) all human

beings constitute a single family, and hence naturally deserve our interest, compassion, help, etc.

Cicero's expressed views on Natural Law can be seen as to some extent a conscious reaction to the

ethical theories of the Epicureans, as for example found in the then popular work, De Rerum Naturaby

Lucretius. Epicureanism was atheistic and materialistic; for them, any semblance of order or purpose in

the universe was the result of random collisions of atoms.

As the preceding (and following) discussion makes clear, for Cicero, Natural Law theory derives in large

part from an integral connection between theology (or at least metaphysics) and human ethics. This

raises the question of whether classical Natural Law today can be expressed in a way that would not

elicit a large outcry from atheist moral and legal philosophers. I believethat this is of less concern than

one might suppose, first, because radical atheists are much less numerous than the volume of their

literature might suggest. Second, I believe that everything or virtually everything in classical Natural Law

can be alternatively derived from the premises of KantianTranscendentalism; in short, the argument

would be that human beings are evidently so designed that they simply cannot perceive or understand

reality in any other terms save those principles which form the basis of religious and traditional morality.

Hence, even if there is no God, there could still be moral law that is universal, and objective, at least in

the sense that it is not arbitrary or subjective.

Definition of Natural Law

Cicero by no means presents his ideas on Natural Law systematically or in a single place. However he

gives an important and often-cited definition of Natural Law in De Republica:


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True law is right reason in agreement with nature; it is of universal application, unchanging and

everlasting; it summons to duty by its commands, and averts from wrongdoing by its

prohibitions. And it does not lay its commands or prohibitions upon good men in vain, though

neither have any effect on the wicked. It is a sin to try to alter this law, nor is it allowable to

attempt to repeal any part of it, and it is impossible to abolish it entirely. We cannot be freed

from its obligations by senate or people, and we need not look outside ourselves for an

expounder or interpreter of it. And there will not be different laws at Rome and at Athens, or

different laws now and in the future, but one eternal and unchangeable law will be valid for all

nations and all times, and there will be one master and ruler, that is, God, over us all, for he is

the author of this law, its promulgator, and its enforcing judge. Whoever is disobedient is fleeing

from himself and denying his human nature, and by reason of this very fact he will suffer the

worst penalties, even if he escapes what is commonly considered punishment.

(De Republica, 3.33; Loeb edition?)

What Cicero is ultimately saying here and elsewhere is that there is the law of nature, and there is

human nature. These are of necessity harmonious with each other (and, ultimately, the same thing),

because both reflect the will of a benevolent Supreme Being who creates and governs the universe. To

act in accord with human nature, human beings must exercise right reason (recta ratio). The purpose ofphilosophy is to assist people to achieve right reasona real and distinct level of cognitive function

where emotional and egoistic thinking gives way to virtue, morality, piety (or sense of the sacred), and

intellectual and social humility.

rev. 2014-07-08

John Uebersax



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Frontispiece: Cicero: Oracle of Natural LawAuthor(s): Robert N. WilkinSource: The Classical Journal, Vol. 44, No. 8 (May, 1949), pp. 452-456Published by: The Classical Association of the Middle West and SouthStable URL: http://www.jstor.org/stable/3292818.

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FRONTISPIECE

DIONYSUSsailingmajesticallyafter his routingof the pirateswho attemptedto enslave him.The wind has filledthe white sail,while above the mast rises a hugevine loadedwith grapes,Dionysus'greatgift to mankind.A schoolof dolphinsplays around he boat symbolizingnotonly the sea but also the joyful and playfulspiritwith which the god fills the humanheart.The composition,painted n the black-figuredtyle by Exekias a. 535 B.C., is fromthe interiorof a drinkingcylix now in Munich. (Furtwaenglerand Reichhold,GriechischeVasenmalerei,Plate 42. This and other representations f classicalcompositionsshown on the front coversof our earlier ssues arethe work of CharlesHolt, a graduate tudent in the Schoolof Archi-tecture of WashingtonUniversity.)

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Volume 44 Number8MAY 1949*

At this time of transitionfromnarrownationalism o someformof worldorder,Natural Law shouldagaintakeon renewed ignificance.0

C i c e r o O r a c le o N a t u r a l a wRobert . Wilkin

N THE CONVERSATION between MarcusTulliusandQuinctusCicero,'WalterSav-age Landorhas the youngerbrotherobservethatMariuss anexamplehata liberal ducationis peculiarlyecessarywherepower s almostun-limited.

The cruel excesses of Marius were stillpainfullyvivid in the memoryof the Ciceros.It was natural for men of their culture tothinkof educationas arestraintuponabuseofpower. And that was also a naturalfeelingfor Landor.One of the advantages o be derivedfromthe readingof Landor'sConversations-in ad-dition to his delightfulstyle-is that they af-ford a doubleperspectiveof ancientmenand?CRobertN. Wilkin is known to readersof TIE CLASSI,CALOURNALs the author of EternalLawyer-A LegalBiographyof Cicero (New York, Macmillan, I947).An earlier work is The Spirit of the Legal Profession(New Haven, Yale University Press, I938). JudgeWilkinis U. S. DistrictJudgefor the NorthernDistrictof Ohio, well known in the Western Reserve and inthe legal professionfor his interest in education andthe greattraditionof jurisprudence.This article is published by arrangementwith theCommitteefor the Diffusion of PhilologicalKnowledgeof the AmericanPhilologicalAssociation.

events. We see greatpersonsandproblemsasthey appearedn their own day and we seethemalsoas they appearedat Landor's ime.Butthe thingto be notedaboutthe statementattributed o Quintus s that the worldat thetimeof Cicero,andat the time of Landor,hadnot dreamed f suchpoweras exists today.IfMarius the youngerhadpossessed he atomicbombhe would not merelyhave abandonedRome after murderingmany of its worthycitizens;he would have obliterated t.2If the need of liberal educationas a re-straint upon power increasesas power in-creases,then the urgencyof our need todaymust be apparent.Furthermore t must beapparent hat the need of educationexpandsaspoweris distributed. n this dayof populargovernment, education must be not onlyliberalbut general, f the majoritys to be in-culcatedwith an abstinence romwrong andspoliation.The difficultyof our situationtodayarisesfromthe fact that populargovernmenthassofar outrun general liberal education. Theagents of the people are entrustedwith de-structivepower beforethey areprepared orsuch responsibility. Not only has popularsovereigntyexpanded asterthan populared-ucation, but the tendency of educationhasbeen to emphasizetechnocracyrather than

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ROBERT N. WILKINthe humanities,and sciencerather than phi-losophy.It is due to this very fact that thepeoplenow find their agentsentrustedwithpotentiallydisastrous orcesbeforethey havebeen disciplined n that quiet, social,philo-sophicalntercourse which)can alonerestrictthat tendency to arrogancewhich war en-courages.There is not time now for the indirectandslow processesof generaleducation.The re-sults, the essenceof liberaleducation,mustatoncebe distilledandbroughthometo themenin positionsof power. While generalcultureproceedson a broadpopularbase,the practi-cal effectsof liberaleducationmust be antici-patedand appliedto our presentcriticalpo-liticalneeds.The means to this end is Natural Law.There must be a renaissance f NaturalLawand an implementationof its precepts andphilosophy.In the principlesanddoctrinesofNatural Law the Hebrew scriptures,Greekphilosophy, the Roman humanities, andChristianethic all meet. They have all con-tributedto its development. t is the essenceof Westerncivilizationon the political evel.

BYNATURAL AWwe mean those principleswhich are inherent in man'snature as a ra-tional,moralandsocialbeing,and which can-not beignoredorviolatedwith impunity.Thephrase is confusing to the uninformedbe-causeit suggeststhe laws of physicalnature,such as the laws of chemistry,physics, oraerodynamics.But NaturalLawrefersnot tophysicalbut to human nature. We meanbysuch a term not lawwhich has beenenacted,but the law which has been discoveredbyman'sreasonandexperience.A moreaccuratephrasewould be NaturalMoralLaw.Natural Lawhas been used so long, how-ever,and so greata bodyof teachinghas beenaccumulatedunderit, that it would be diffi-cult to makea changeat this time. The phrasehastwo generalaspects,andit is well to keepthemboth in mind when consideringhe sub-ject. It sometimesrefersto the fundamentalprinciplesof universal aw andsometimes o atype or school of legal philosophywhich rec-

ognizesthoseprinciples.The formermeaningwas most clearly expressedby Cicero. Hesaid:There s in fact a true law, rightreason naccordancewith nature;it appliesto all menandis eternal. t summonsmen to the performanceof their duties, it restrains hem from doingwrong.... To invalidate this law by humanlegislations nevermorally ight,nor is it per-missible verto restrict ts operation,ndto an-nul t wholly simpossible.either he senatenorthe people anabsolveus fromourobligationoobey this law.... It will not lay down one ruleat Rome,andanother t Athens.... But therewill be one law . . . bindingat all times upon all

peoples.... The manwho will not obeyit willabandon is betterself,and, n denyinghe truenature f man,will thereby ufferheseverest fpenalties,houghhe hasescaped ll theothercon-sequenceswhichmencallpunishments. 3The other meaninghas been expressedbyDean Poundas follows:

Philosophicalurisprudenceas studiedthephilosophicalasisof legal nstitutions,egaldoc-trines and legalpreceptsand soughtto reachfundamentalprinciplesof universallaw throughphilosophy. pplied o particularystems f lawit hassoughto organizend ormulateheir dealelement,hat s, theideasoftheendoflaw,oftheideal ocial nd egalorder, ndofwhatlegalpre-ceptsshouldbein thelightof those deas,whichhavebeen raditionallyeceived ndhavebecomeno lessauthoritativehan he traditionalreceptsandtechnique.Thusphilosophicalurisprudencehassoughtogiveusacritique fthepositiveaw,a starting ointofjuristicdevelopment,octrinalwriting, nd udicialindingflaw,andaguide olawmaking. 4

At the greattransitionsof history,suchasthe passingof the city-state, of the RomanRepublic, and of feudalism,men have beenforced to consider the fundamental aw oftheir nature.Considerationof Natural Lawhas therefore gainandagainrevived.It is notsurprising,hen,that at this timeof transitionfrom narrow nationalismto some form ofworldorder,NaturalLawshouldagain akeonrenewedsignificance ndimportance. t is anencouragingact, and should serve to dispelour confusion,that there is a great body ofhighly respected experience and teaching

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ORACLE OF NATURAL LAWwhichmaybe reliedon in ourefforts o estab-lishpeaceat home andsecurity n the world.For an understanding f NaturalLaw oneshouldat the very outset acquirea familiaritywith what Cicerosaid of it. Indeed,no studyof NaturalLaw canprogressvery far withouttaking nto consideration ispronouncements.Natural Law concepts existed prior to Cic-ero'stime.They arefoundin Greek iteratureandphilosophy.They neverbecamea definitepart of a legal system, however, until thefoundationsofjurisprudencewereestablishedduringthe RomanRepublic.With the excep-tion of Cicero, the Roman authorities onNaturalLaw are the great urisconsults f theEmpire.While Cicero has not been consid-eredajurisconsult,he was, however,a lawyeranda philosopher, ndhis suprememasteryofthe Latinlanguageenabledhim to give mostadequateand beautifulexpression o NaturalLawconceptsat the formativeperiodof thatsystemof lawwhichwas to become he modelforthe world.All Latincourses hat use Ciceronian exts-even those in secondaryschools-shouldgive the historicbackground ndsetting thatpromptedCicero's orations, letters, and es-says. A revivalof the politicalscene of Cic-ero's day would reveal the true meaning fwhat he said about the law. If the parallelsbetween conditions n Cicero'stime and ourown timeweredeveloped, he applicability fCicero'sphilosophyof law and governmentwould becomeapparent o students even ofhigh-school geand would conditionthemforcitizenship n the republicwhich hasbeenin-fluenced omuchby the historyof the RomanRepublicandCicero's heories.Moreover,alllaw schoolsshouldgive courses n the historyof jurisprudence, nd of course no study ofjurisprudencecould neglect the teachingofthe Scholasticphilosophers,he leadersof theRenaissance, uch Englishjurists and states-men as Bracton,Coke, Blackstone,Milton,Lockeand Burke,the constitutionaldebates,The Federalist,and otherwritingsof the for-mativeperiodof ournation,andthrough t allwill appeara strandof Ciceronianquotations.Cicero, Cato, Sulpicius and others gavepracticaleffect to Natural Law theories in

their pro-consularadministrationof Romanprovinces, and with excellent effect. Thegreatest urists and legalphilosophers,Aqui-nas, Suarezand Grotius, based their prin-ciplesofinternationalawfirmlyuponNaturalLaw concepts, and writers of our day whoseek a basis for worldorder,andthe protago-nists of the Nurembergtrials, are forced torely upon NaturalLaw principles.And Bar-baraWard, in her recentportrayal f today'scrisis, The West at Bay, points out in herconcludingchapterthat the first foundationof Westerncivilizationwas, and the hope ofpeaceis, a belief that an eternallaw, a nat-ural law, exists beyond society and is thesource,within society, of justiceandof rightandhence of freedom. *Professor Charles H. McIlwain has saidthat the words of Cicero quoted above areamong he mostmemorablen political itera-ture. Dr. HeinrichA. Rommen,n hisrecentworkon TheNatural Law,recognizes hat itcame o its full floweringn Rome n the Impe-rialAge, and that Stoicismpreparedtheway for the Christiannatural aw. He thenadds: Cicero, however, was its greatpopu-larizer,and the wealth of Stoic thought washandeddown to the medievalworldmainly nhis writings. And Tenney Frank, n SocialBehavior,ays that Cicero'sstatementof theprinciple of Natural Law has wroughtgreaterprogressin jurisprudence or nearlytwo thousandyears than any other writtenstatementof the samelength. 5

* InarecentallocutionfPopePiusXIIto theConsistory f February4 he quoted rom thegreatestRoman rator, nd heEncyclicaletterof PopePius XI, Ubi arcano, December 3,I922, employedthe following language: It was aquitegeneraldesire hatbothourlaws andourgovernmentshouldexist without recognizingGodor JesusChrist,on the theorythatall au-thoritycomes rommen,not fromGod.Becauseof such an assumption,hesetheorists ell shortof beingable o bestowupon awnotonlythosesanctionswhich it must possessbut also thatsecurebasisfor the supreme riterion f justicewhichevena paganphilosopherikeCicero awclearly ouldnotbederived xcept rom heEter-nalLaw.

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ROBERT N. WILKINOBERT N. WILKINWe have so longconsideredCicero as thegreatorator,as the model for letter-writing,as the inventorof our philosophicterminol-ogy, and as the masterof rhetoric,that we

have lost sight of his contribution o the lawand the majestyof his pronouncements e-garding he foundationof humanrights-jusnaturale.It is time now that we readagainhisorations,his de Officiisand his de Republica,andconsiderwhat is said insteadof how it issaid.His writingscarrya very practicalcon-tributionto ourmosturgentneed.6Of all periodsof history, we of this dayshouldbe able to readCicerowith profoundunderstandingand poignant sympathy. Hesaw the RomanRepubliccometo the positionof greatestpowerin the world, arid hen sawit disintegrate.The editor and annotatorofthe ImaginaryConversations aid of Cicero(p. 76):In ourdialoguehe is representeds on thevergeof a politicalworld,of whichhe hasbeenthe moverand protector,while elementsof itannouncedo him that it is burstingunderhisfeet.

We have so longconsideredCicero as thegreatorator,as the model for letter-writing,as the inventorof our philosophicterminol-ogy, and as the masterof rhetoric,that wehave lost sight of his contribution o the lawand the majestyof his pronouncements e-garding he foundationof humanrights-jusnaturale.It is time now that we readagainhisorations,his de Officiisand his de Republica,andconsiderwhat is said insteadof how it issaid.His writingscarrya very practicalcon-tributionto ourmosturgentneed.6Of all periodsof history, we of this dayshouldbe able to readCicerowith profoundunderstandingand poignant sympathy. Hesaw the RomanRepubliccometo the positionof greatestpowerin the world, arid hen sawit disintegrate.The editor and annotatorofthe ImaginaryConversations aid of Cicero(p. 76):

In ourdialoguehe is representeds on thevergeof a politicalworld,of whichhe hasbeenthe moverand protector,while elementsof itannouncedo him that it is burstingunderhisfeet.

We of this day have seen the AmericanRe-public attain the position of greatestpowerand influencen the world. Butmanysignsofdisintegrationare patent. If the AmericanRepubliccanbe spared he fate of the RomanRepublic,it will have to accept the counselwhichRomespurned.

NOTESImaginaryConversations,London, J. M. Dent &

Co., 1901, Vol. n1,p. 29.Ina noteCharlesG.Crumpays: InthisConversa,tion Landorntroduces icero ndhisbrotherQuintus-not Quinctus shespellshename-talking ogethernotlongbeforehe dateat which heywerebothputto death.2CambridgeAncient History, x, 276.3Cicero on the Commonwealth,Sabine and Smith,The OhioStateUniversity ress,Columbus,929.4 TheRevivalof NaturalLaw, xvII,NotreDameLawyer,No. 4 (June 1942).See also George H. Sabine, History of PoliticalTheory,New York,Henry Holt & Co., I938, p. I63.6Fora brief ummaryf Cicero's hilosophyf life,government,ndlaw, see the last chapterof EternalLawyer--A Legal Biographyof Cicero, New York,Macmillan,I947.

We of this day have seen the AmericanRe-public attain the position of greatestpowerand influencen the world. Butmanysignsofdisintegrationare patent. If the AmericanRepubliccanbe spared he fate of the RomanRepublic,it will have to accept the counselwhichRomespurned.

NOTESImaginaryConversations,London, J. M. Dent &

Co., 1901, Vol. n1,p. 29.Ina noteCharlesG.Crumpays: InthisConversa,tion Landorntroduces icero ndhisbrotherQuintus-not Quinctus shespellshename-talking ogethernotlongbeforehe dateat which heywerebothputto death.2CambridgeAncient History, x, 276.3Cicero on the Commonwealth,Sabine and Smith,The OhioStateUniversity ress,Columbus,929.4 TheRevivalof NaturalLaw, xvII,NotreDameLawyer,No. 4 (June 1942).See also George H. Sabine, History of PoliticalTheory,New York,Henry Holt & Co., I938, p. I63.6Fora brief ummaryf Cicero's hilosophyf life,government,ndlaw, see the last chapterof EternalLawyer--A Legal Biographyof Cicero, New York,Macmillan,I947.

LiberAnimaliumiberAnimaliumURSUSRSUS

DE URSIS STunares singularis,quodnus-quam gignuntur nisi in hemisphaerioseptentrionali.Hanc quidem partemmundiita mallevidentur ut etiam in caelo septen-trionali duae ursae inveniantur, quae ursamaior et ursa minor appellantur.Circumpolumcaelestem ente circumvolvuntur audaliteratqueursacircumambulatircumpalumad quem catena religata est. Ultra lineamequatoriamursusverus non gignitur.Quot generaursorumsunt? Multa. Suntenim colore nigro, fulvo, flavo, albo et albonigroque.SuntetiamursiTeddiani,qui num-quam mordent, infantium delectamentum.Omnium maximuset ferocissimusest ursushorribilis nostrorum Montium Saxosorum.Turpissimusest ursusSyrius.Scriptura acranos certiores facit adolescentem Davidumunamex iis interfecisse;beneficiumuit besti-amtamturpemmiseramqueccidere.

DE URSIS STunares singularis,quodnus-quam gignuntur nisi in hemisphaerioseptentrionali.Hanc quidem partemmundiita mallevidentur ut etiam in caelo septen-trionali duae ursae inveniantur, quae ursamaior et ursa minor appellantur.Circumpolumcaelestem ente circumvolvuntur audaliteratqueursacircumambulatircumpalumad quem catena religata est. Ultra lineamequatoriamursusverus non gignitur.Quot generaursorumsunt? Multa. Suntenim colore nigro, fulvo, flavo, albo et albonigroque.SuntetiamursiTeddiani,qui num-quam mordent, infantium delectamentum.Omnium maximuset ferocissimusest ursushorribilis nostrorum Montium Saxosorum.Turpissimusest ursusSyrius.Scriptura acranos certiores facit adolescentem Davidumunamex iis interfecisse;beneficiumuit besti-amtamturpemmiseramqueccidere.

Quo cibo vescuntur?Omnes,ursoalboex-cepto, mel malunt, cuius causa, ira apiumspreta, arboresaltas ascenderesolent. Famaest etiam-crede vel noli--deceptos murmurefilorumtelegraphicorumonguriosinterdumeosascenderemelsperantes.Suntquiformicasedant. Plures alia insecta libenter devorantquorumcausa saxaevertunt. Ursi nigri bac-cas libentissime carpunt erecti sicut homines.Tandem pingues extremo autumno factisecedunt in latebras ubi totum hiememdor-miant.Adipemsuum lente consumunt.Famaest etiam eos sugaresuos digitos. Ibi catulosusquead tres pariunt,qui mireparvulisunt,caeci glabrique. Vere primo egrediuntur,macrae ed beatae,copiam mmensam peran-tes insectorum,baccarummellisque.Curricu-lum vitae ursinaede integroinitur.ANON.

Quo cibo vescuntur?Omnes,ursoalboex-cepto, mel malunt, cuius causa, ira apiumspreta, arboresaltas ascenderesolent. Famaest etiam-crede vel noli--deceptos murmurefilorumtelegraphicorumonguriosinterdumeosascenderemelsperantes.Suntquiformicasedant. Plures alia insecta libenter devorantquorumcausa saxaevertunt. Ursi nigri bac-cas libentissime carpunt erecti sicut homines.Tandem pingues extremo autumno factisecedunt in latebras ubi totum hiememdor-miant.Adipemsuum lente consumunt.Famaest etiam eos sugaresuos digitos. Ibi catulosusquead tres pariunt,qui mireparvulisunt,caeci glabrique. Vere primo egrediuntur,macrae ed beatae,copiam mmensam peran-tes insectorum,baccarummellisque.Curricu-lum vitae ursinaede integroinitur.ANON.

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MARCUS TULLIUS CICEROSEVEN ORATIONS

WITH SELECTIONS FEOM THE LETTERS, DESENECTUTE, AND SALLUST S BELLUM

CATILINAE

EDITEDWITH INTRODUCTION, NOTES, GRAMMATICAL

APPENDIX, AND PROSE COMPOSITIONWALTER B. GUNNISON, Ph.D.

PRINCIPAL OF ERASMUS HALL HIGH SCHOOLBROOKLYN, NEW YORK

ANDWALTER S. HARLEY, A.M.TEACHER OF LATIN, ERASMUS HALL HIGH SCHOOL

SILVER, BURDETT AND COMPANYBOSTON NEW YORK CHICAGO

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Copyright, 1912, bySilver, Burdett and Company

CI.A314830

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Marcus Tullius CiceroFrom the bust in the Vatican


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CONTENTSPAGE

List of Maps viiiList of Illustrations . . . . . ixIntroduction:

Marcus Tullius Cicero xviiRoman Oratory xxviRoman Citizens xxviiThe Popular Assemblies . . . . . xxviiiThe Senate xxxThe Magistrates . . . ... . xxxiiThe Courts xxxviProvinces . . xxxviThe Forum and the Public Buildings . . . xxxviiWorks of Reference xl

Orations :Oratio in Catilinam Prima 1Oratio in Catilinam Secunda 19Oratio in Catilinam Tertia 38Oratio in Catilinam Quarta 57De Imperio Cn. Pompei Oratio . . . .75Pro Archia Poeta Oratio 110

Selections for Sight Reading:Pro M. Marcello Oratio . . . . . .129Epistulae Selectae . . . . . . .143Cato Maior De Senectute Liber . . .157C. Sallusti Bellum Catilinae . . . . .170

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Scenes from the Life of a Famous Roman 1

INTRODUCTIONMARCUS TULLIUS CICERO

1. Early Life. Marcus Tullius Cicero, the foremost Romanorator and writer, was born Jan. 3, 106 b.c. His birthplace wasArpinum, a small country town about seventy miles southeast ofRome, famous also as the birthplace of Marius. His father, amember of the equestrian order, was descended from a familyof old standing. Quintus, a younger brother of Marcus, becamea praetor at Rome, and afterwards won distinction as one ofCaesar s lieutenants in Gaul. The two brothers were early takento Rome and placed under the care of the best instructors. Oneof these was Archias, the Greek poet, whose citizenship the oratordefended in later years before Quintus, when the latter was pre-siding judge.

After a general training in grammar, rhetoric, and the Greeklanguage, Marcus began the study of law under Mucius Scaevola,the greatest lawyer of his time. This study he supplemented byattending the courts and the Forum, listening to such advocatesas Crassus and Antonius. Then at the age of eighteen a shortmilitary campaign under Pompeius Strabo, uncle of Pompey the

1 The group at the left represents the great man s triumph. Note thehorses, and Victory with the palm. The central group shows him sacri-ficing ; and the third represents his marriage. Notice that the principalfigure is made carefully the same in all three groups ; that in the twofirst, however, he is represented in the tunic, and in the third, as wearingthe toga.

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XV111 INTRODUCTION

Cicero s Tower at Arpinum

Great, gave Cicero all the experience he desired as a soldier.Gladly he resumed his studies, rhetoric, logic, philosophy, andoratory, pursuing them for two years, at Athens, in Asia Minor,and at Rhodes. At Athens he met Pomponius Atticus, who be-came his intimate friend and correspondent. At Rhodes, he wasinstructed by the celebrated rhetorician, Apollonius Molo, whoalso taught Caesar. It was this instructor who said, after listen-ing to the young orator, You have my praise and admiration,Cicero, and Greece my pity and commiseration, since those artsand that eloquence, which are the only glories that remain to her,will now be transferred to Rome.

2. Cicero as an Advocate. Cicero s first appearance as an ad-vocate was in 81 B.C., in a civil suit in defense of Publius Quinc-tius, with the brilliant Hortensius as the opposing counsel.The following year he appeared in a criminal suit defending SextusRoscius against a plaintiff who was a favorite of Sulla. Hissuccess in winning the case was therefore a special triumph. In


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MARCUS TULLIUS CICERO xix77, after his return from foreign study, he resumed the practiceof law, in which he was destined soon to take the leadership.

3. Cicero s Early Political Career. It is significant of Cicero squalifications that being a novus homo, i.e., one whose ancestorshad never held office, he himself was elected to the four officesof the cursus honorum at the earliest legal age : quaestor at thirty,curule aedile at thirty-six, praetor at thirty-nine, and consul atforty-two. The quaestorship in 75 b.c. was spent in the prov-ince of Sicily, where his justice and impartiality endeared him tothe people, while he greatly increased his popularity at home bysending grain from the province at a time of great scarcity. Theholding of this office entitled Cicero to a seat in the Senate for fife.Five years later the Sicilians appealed to Cicero to prosecutetheir Roman governor Verres, for tyranny and extortion. Heconducted the impeachment with such skill that Hortensius, thedefendant s counsel, gave up the case and Verres voluntarilywent into exile.

In 69, as curule aedile, Cicero pleased the people by the publicgames which he furnished in good taste, though not with thelavish expenditure of his wealthier predecessors. His praetorshipin 67 was made memorable by the passing of the Manilian Law,conferring upon Pompey supreme command in the war withMithridates. Cicero s speech in behalf of the bill was the firsthe delivered to the people from the Rostra, an oration noted forits perfect form (see p. 243). By means of it he won the favorof Pompey, who was seen to become an important political factor,and, while incurring the opposition of the senatorial party, hesecured the support of the populace. It paved the way to theconsulship.

4. Cicero s Consulship. Declining the governorship of aprovince at the close of his term as praetor, Cicero devoted hisattention to securing the highest prize, the consulship. Hisname was presented in 64 b.c, with five other candidates, includ-ing Antonius and Catiline. Cicero owed his election to his cleanrecord, which secured for him the solid support of the equites,his own order, and of many patricians of the better sort. Hewas the first novus homo to be elected since Marius, his fellow


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XX INTRODUCTIONArpinate. Antonius, second in the contest, became hiscolleague.During his term he opposed the agrarian law of Servilius Rul-

lus, defended Rabirius, an aged senator falsely accused of murder,and also the consul-elect, Murena, charged with bribery. Butthe main event of his consulship, and indeed of his life, was thesuppression of the conspiracy of Catiline (see p. 181). This taskwas the more difficult because his colleague was in sympathy withthe conspirators, and Caesar and Crassus had supported Catilinein his candidacy. Furthermore, there was no strong garrison inRome at the time, for the legions were with Pompey in the East,and the nearest troops were in Cisalpine Gaul. It was the con-sul s prompt action that made him pater patriae, and honoredhim with a supplicatio, the first given to a civilian.

5. Cicero in Exile. Having passed the goal of his politicalambition, Cicero spent the next four years as an active memberof the Senate. In 62 b.c. he delivered his oration for the poet


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MARCUS TULLIUS CICERO

So-called Ruins of Cicero s Villa at Tusculum

Archias, his former teacher (see p. 269). He also defended P.Cornelius Sulla, who was charged with complicity in the con-spiracy of Catiline. In private life there was much that addedto the enjoyment of the honors he had earned. His house was onthe Palatine Hill, the best residential section of Rome. He hadvillas or country seats at Antium, Cumae, Formiae, Pompeii,and Tusculum, with their libraries and works of art.But a cloud hung over his pleasures. On the last day of his

consulship, as he ascended the Rostra to give an account of hisadministration, Metellus, the tribune, had tried to prevent himby declaring that a magistrate who had put Roman citizens todeath without trial, should not himself speak. The gatheringstorm of opposition burst in the tribuneship of Clodius, 58 B.C.This profligate patrician had become the personal enemy of theorator because the latter had testified against his character. Asthe agent of the triumvirs whom Cicero had offended, he pro-posed a bill that whoever had put to death a Roman citizen with-


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XXll INTRODUCTIONout trial should be outlawed. It was evident against, whom itwas aimed. Failing to receive assistance from Pompey and theconsuls, Cicero went into voluntary exile. Immediately anotherbill of Clodius was passed, declaring Cicero a public enemy,confiscating his property, and prohibiting him from fire andwater within four hundred miles of the city. Cicero fled to South-ern Italy, thence to Greece and Thessalonica. This was about thetime of Caesar s battle with the Helvetians. The rest of theyear he remained crushed in spirit and hopeless, notwithstandingthe consolation and kindness extended to him by the provin-cials.But in Rome opposition was turning to favor. Clodius had

lost his hold. Pompey and the new consuls and tribunes of 57urged the return of the exile. A month after the bill recalling himwas passed in the assembly of the people, he reached Rome.His homeward journey was marked with demonstrations of affec-tion. His entry into the city was like a triumphal procession.Later his house on the Palatine and his villas were rebuilt at thepublic expense.

6. Cicero as Ex-consul. Cicero resumed his place in theSenate and in the courts, but his life was one of weakened influ-ence. His friendship was sought by Caesar, and finally won, sothat he wrote to Atticus, The delightful friendship with Caesaris the one plank saved from my shipwreck which gives me realpleasure. It was after his return from exile that Cicero beganto write upon rhetorical and philosophical subjects (see sec. 10).In 53 B.C., he was honored with an appointment to the college ofaugurs. In 52, while attempting to speak in behalf of Milo,who was clearly guilty of the murder of Clodius, he was humili-ated by failure, breaking down in the presence of the drawnswords of the soldiers, and of the intense excitement of the by-standers. The oration, which was delivered only in part, wasafterwards written out, and is one of his best. The followingyear Cicero was made governor of Cilicia, a province that hadbeen grossly misruled by his predecessor. The new governorwon the hearty gratitude of his subjects by his reforms in manyways, and by subduing their enemies with his legions. He was


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MARCUS TULLIUS CICERO xxiiiproclaimed imperator, and on his return to Rome would probablyhave been awarded a triumph, had the citizens not been distractedby Caesar s crossing of the Rubicon.

7. Cicero and the Civil War. Cicero s position betweenCaesar and Pompey was indeed difficult. Both leaders hadclaims upon his friendship. Failing as a peacemaker, he finallytook the side of Pompey, following him to Greece. AfterCaesar s victory at Pharsalus, he returned to Brundisium, await-ing for months the will of the conqueror, until the message camewith a generous offer of pardon. This was in 47 b.c. With butlittle interest in politics, Cicero sought comfort in writing. Threebusy years followed, in which he produced four works on rhetoricand oratory, three on ethics, two on philosophy, besides essayson other subjects. Domestic sorrows came. His wife Terentiawas estranged, and finally divorced. This was followed by thedeath of his only daughter Tullia, to whom he was devotedlyattached.Then came the assassination of Caesar in 44 B.C., which in the

course of events, Cicero was more than ready to approve. Onceagain, at the age of 63, he threw his energy into the struggle forthe freedom of the republic. He became the life and soul of thesenatorial party, aiding the young Octavianus in his claimsagainst Antony. His last oratorical efforts were called forth inthe fourteen Philippics, hurled against Antony, in which hedeclared the tyrant to be a public enemy, and called upon theRomans to maintain their liberty. But the voice of her greatestorator could not save the state.

8. Cicero s Assassination. The formation of the secondtriumvirate blasted all hopes of the patriots. Once more theproscription lists were made, and to satisfy Antony, the youngOctavianus consented to sacrifice Cicero. His brother Quintuswas also proscribed. Marcus might have made his escape, butwas overtaken by the assassins near his villa at Formiae, Decem-ber 7, 43 b.c. His faithful slaves would have fought to the end,but he permitted no resistance. It is recorded that his headand hands were taken to Rome and in mockery nailed to theRostra by order of Antony.


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xxiv INTRODUCTION9. Cicero as an Orator. It happened many years after,

writes Plutarch, that Augustus once found one of his grandsonswith a work of Cicero s in his hands. The boy was frightenedand hid the book under his gown ; but the emperor took it fromhim, and standing there motionless, read through a great partof the book; then he gave it back to the boy and said : Thiswas a great orator, my child; a great orator, and a man wholoved his country well.Rome was a nation of orators. Not only did Cicero hold the

first place among them, but his influence has been recognized byall men of eloquence since his day. To natural ability, a com-manding voice and a pleasing personality, were added long andcareful discipline and experience. It is true that he arguedchiefly as an advocate, often exaggerating or evading facts inorder to emphasize. He was criticised for being verbose, butthis defect he partly corrected. With his incisive wit, his keensense of humor, his wonderful mastery of words, he swayed thepeople and the Senate at his will. Of one hundred and sevenorations attributed to Cicero, over fifty have been preserved en-tire, with fragments of twenty others. Most of these were re-vised for publication after being delivered.

10. Cicero as a Writer. The name of Cicero is the greatestin Roman literature. Mackail says, Cicero s imperishableglory is that he created a language which remained for sixteencenturies that of the civilized world, and used that language tocreate a style which nineteen centuries have not replaced, andin some respects have scarcely altered. He stands in prose, likeVirgil in poetry, as the bridge between the ancient and themodern world. One can hardly understand how a busy mancould find time to write so much upon so many subjects. Hiswritings, as they have come down to us, fill ten volumes, aboutfive thousand pages. Besides his orations and letters we havehis works on rhetoric and philosophy. With his broad experi-ence no one could write with more authority than he upon rhetoricand oratory. In his De Oratore, Brutus, and Orator, he treats ofthe ideal orator, his education and training, and the history oforatory down to his own time.


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MARCUS TULLIUS CICERO XXVThe treatises in philosophy were written in the last years of his

life. In 46-44 b.c. he produced fifteen works, including DeRepublica, De Legibus, De Officiis, De A?nicitia, De Senectute, DeFinibus De Natura Deorum, and the Tusculan Disputations.He had studied Greek philosophy from his youth. But very littlehad been written in Latin on this subject. To reproduce thethoughts of the Greeks without aiming to be original, to teach thelessons of philosophy to his countrymen in their own tongue, thiswas his task. Of the Tusculan Disputations it was Erasmus whosaid: I cannot doubt that the mind from which such teach-ings flowed was in some sense inspired by divinity. I always feela better man for reading Cicero.

11. Cicero s Letters. To the modern world most interest-ing are the letters of Cicero. Of these we have over eighthundred, written to his family and friends (Ad Familiares), tohis intimate friend and publisher, T. Pomponius Atticus {AdAtticwn), to his brother Quintus (Ad Q. Fratrem), and to MarcusBrutus (Ad M. Brutum). They cover a period of twenty-fiveyears, 68 to 43 b.c, and are a priceless source of information ofthe times of Cicero, the last days of the republic. And yet aswe read these charming and natural expressions of the greatRoman, we are impressed with their modern tone and our com-mon civilization.

12. The Character of Cicero. Historians vary greatly intheir estimate of Cicero. Perhaps it is nearest the truth to saythat he had many weaknesses but much strength. He wasemotional, vain, sensitive. As a statesman he made many mis-takes. He failed to grasp the supreme problems of his time. Helacked force, will, and aim. He was vacillating in the civil war,but his choice of affiliation had to be made between two evils.That he was a patriot there can be no doubt. His greatest desirewas to save and free the republic. That he was honest and in-corruptible is shown in his provincial administration. He was aman of peace and honor, pure in life and purpose, and sympatheticwith the oppressed. A biographer well says : His fidelity tohis prudent friend Atticus, his affection to his loyal freedman Tiro,his unfailing courtesy toward his wife Terentia, the love he lav-


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XXVI INTRODUCTION

* NITVLI0> -tiiER,

ished upon hisdaughter Tullia, hisunworthy son Mar-cus, and his sturdybrother Quintus,stand forth in strik-ing contrast to thecoldness of the typi-cal Roman of hisday.ROMAN ORA-

TORY13. In the time of

Cicero there weretwo styles of ora-tory, the Asiatic andthe Attic. The for-mer style called forornamentation, andattention to lan-

guage and delivery rather than to thought ; the latter was di-rect, simple, natural. Hortensius represented the Asiatic; Cic-ero, the Attic, though being a pupil of the Rhodian School, hewas inclined to strike a mean between the two extremes.

14. Orations were judicial, deliberative, or demonstrative.(1) Judicial orations, of which the Pro Archia is an example, weredelivered in a court of justice. (2) Deliberative orations weredelivered to the Senate or the popular assembly in the discussionof some public question. The oration for the Manilian Law andthose against Catiline were of this kind. (3) Demonstrativeorations were designed to praise or censure some one. These areillustrated by the oration Pro Marcello, by the portions of theManilian Law eulogizing Pompey, and portions of the Catilineorations denouncing the conspirator.

15. The formal outline of an oration included six parts : ( 1) theexordium, or introduction ; (2) the narratio, or statement of the

Raphael s Idea of Cicero(From his sketch book)


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ROMAN CITIZENS XXviicase, including the propositio, or statement of the main theme;(3) the partitio, or division of the argument . (4) the confirmatio,or affirmative argument from the speaker s side ; (5) the refutatio,or rebuttal of the opponent s argument; (6) the peroratio, orconclusion.

ROMAN CITIZENS16. The old distinction between patricians and plebeians was

wiped out as early as 300 B.C., when both classes alike were en-titled to hold any office, civil or religious. But another dis-tinction arose, dividing the people into three classes, the sena-torial order, the knights, and the commons.

17. The Senatorial Order, or Optimates. This order in-cluded all who were descended from a curule magistrate (31)or who had themselves held office. They therefore constitutedan hereditary nobility. They practically held a monopoly of theoffices, for while any freeborn citizen might be a candidate, thepower of the senatorial party was against all except the nobles.Senators were excluded by law from trade and banking. Theirdistinctive dress was the tunic with a broad purple stripe.

18. The Equites, or Knights. This term, originally applied tothe cavalry of the state, came to be used of the men who had theproperty qualification of 400,000 sesterces, about 20,000 dollars(ordo equester) . They formed, therefore, an aristocracy of wealth,controlling capital and farming the public revenues. They hadno constitutional privileges until the time of Gaius Gracchus,when they were given the exclusive right to sit on juries. Theequites then lost their military connection and became influentialin politics, often as rivals of the senators. The insignia of theorder was a gold ring and two purple stripes on the tunic.19. The Commons. In Cicero s time the older families hadall become senators or knights. The great body of the peopleconstituted the populus, plebs, or populares. By amassing suffi-cient wealth one of the inferior class could rise to the equites;by holding the offices , he became a senator. Such a man ennobledhis family, and being the first to hold office, was a novus homo(a man without ancestry). The condition of the commons was


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xxvm INTRODUCTIONpitiable. The combinations of capital shut them out of commerceand manufacture, while the competition of slave labor almostclosed agriculture and trade against them. Some found employ-ment in the colonies and provinces, some eked out a scanty livingon their farms, some made war their trade ; but the idle and de-graded flocked into the capital to live on the cheap corn providedby the treasury, and to sell their votes to the highest bidder.(Johnston.)

20. Freed slaves (liberti) and their descendants (libertini)were citizens and had the right to vote, but not to hold officeuntil the taint of slavery was removed by two or more genera-tions.

21. Municipia, or municipal towns, were conquered com-munities subject to taxation and military service, but withoutsuffrage. Civitates foederatae were communities whose privilegesdepended on special treaty with Rome. Colonies sent from thecity (coloniae), as a rule, enjoyed full citizenship. A praefecturawas a town in which justice was administered by a prefect sentfrom Rome. Individual foreigners were often honored withcitizenship by special gift, sometimes conferred by a commander.

THE POPULAR ASSEMBLIESThere were three assemblies based on three different divisions

of the citizens.22. The Comitia Curiata. This was the old assembly of

thirty curiae or wards. Originally its function was to conferimperium on the king and to decide on peace and war. In thetime of the republic its only duty was the conferring of authorityon the consuls and praetors as a matter of form, each curia beingrepresented by a single delegate.

23. Comitia Centuriata. This assembly began as a militaryorganization in the days of Servius Tullius, when the people weredivided into centuries (centuriae). The century or division towhich a man belonged was determined by the amount of hiswealth. About 250 b.c. the assembly was reorganized into threehundred and seventy-three centuries. This comitia elected theconsuls, praetors, and censors, and for a long time decided ques-


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THE POPULAR ASSEMBLIES xxixtions of peace and war. This latter function, however, wastransferred to the Senate. Its power of legislation was trans-ferred largely to the comitia tributa, and its judicial power to thestanding courts. It could be summoned by a consul, praetor, ordictator. Being military in theory, its meetings were usuallyheld in the Campus Martius.

24. Comitia Tributa. This was an assembly of the tribes,thirty-five in number, growing out of the older concilium plebis.The assembly convened under either name according to whetherthe patricians were included (comitia tributa), or excluded (con-cilium plebis). Their functions were elective, legislative, andjudicial. The comitia tributa elected curule aediles, quaestors,and certain lesser magistrates, and was presided over by a con-sul or praetor. Its enactments were known as leges. The con-cilium plebis, whose presiding officer was a tribune, elected theplebeian tribunes and aediles and came to be the chief legisla-tive body of the government. Its laws, known as plebiscita,had the same validity as the leges of the comitia tributa, and didnot require the sanction of the Senate. Like the comitia cen-turiata, these tribal assemblies relegated their judicial authorityto the standing courts, though as late as 63 B.C., Rabinius wastried before the tributa with Cicero as his defender. The ses-sions of these assemblies were held in the Campus for elections,and in the Forum for law-making.

25. Methods of Voting. Adjournment. The assembliesmentioned above were called for taking action not for delibera-tion. The voting was done by secret ballot. At legislativemeetings each voter received an affirmative and a negativeballot. At meetings to elect magistrates he received a blanktabella, on which he wrote the name of the candidate of hischoice. In each century or tribe the individual votes determinedthe vote of the century or tribe which was then cast as a unit, amajority of these divisions deciding the vote of the assembly.So, for example, the favoring vote of eighteen of the thirty-fivetribes would pass a bill, though the individuals represented mightbe less than those who opposed it. If the voting was not com-pleted by sunset, all was void. The session might then be ad-


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xxx INTRODUCTIONjourned by the presiding officer, by his colleague, or a superiorofficer, or by the occurrence of lightning or storm. Finally thevoting would have to be repeated if the officer failed or refusedto announce the result.

26. Contiones. An assembly of citizens to listen to an ad-dress or to a discussion was a contio. The people came togetheras individuals. Though called together by magistrates only, theassembly could be addressed by private citizens. It had nopowers, and adopted no resolutions. If action was to follow, acomitia had to be properly called. The second and third orationsagainst Catiline and the oration for the Manilian Law were de-livered before contiones.

27. Political Parties. As in all nations, two factions sprangup, the aristocratic and the democratic (optimates and populares) .Cicero defined the former thus : All those are optimates who,no matter to what class of citizens they belong, bravely defendthe institutions of our ancestors. They formed the conservativeclass, including the nobility as the chief element. Those whowish the things which they do and say to be pleasing to themultitude, said Cicero, are the populates. The intense partystrife between these factions which began with the Gracchi lastedtill the time of Caesar, who became the successful popular cham-pion.

THE SENATE28. Membership. In the earlier days of the republic any

citizen of proper age was eligible to the Senate, though the prefer-ence was given to ex-magistrates. After Sulla, the Senate be-came exclusively a body of ex-magistrates, serving ex-officio forlife. Before admission to membership, a candidate must bedeclared worthy by the censor, must be thirty-one years old, andmust abstain from certain occupations. While there was noproperty requirement, only men of means would be able to serve,as they did, without pay. The senators in a body were ad-dressed as patres conscripti, i.e. patres et conscripti, a phrase firstused in 509 B.C. to include the original senators (patres) and thenewly enrolled (conscripti) plebeians. The number of senators


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THE SENATE xxxiwas fixed by Sulla at 600, by Caesar at 900, and afterwards re-duced to 600.

29. The Session. The regular meeting place of the Senatewas the Curia Hostilia on the north side of the Comitium, butany temple might be used instead. The first oration againstCatiline was delivered in the Temple of Jupiter Stator, the fourthin the Temple of Concord. A session was called generally by aconsul, praetor, or tribune, who became the presiding officer.None but members were admitted, but others might listen to theproceedings from the entrance.

30. Procedure. After the senators had been summoned bythe herald (praeco) or by proclamation, the presiding officer tookthe auspices. He then proposed the question to be considered(rem ad senatum referre), and called upon the members to ex-press their opinions (rogare sententias) . The privilege of speechwas given first to magistrates-elect, then to ex-magistratesranking as consuls, praetors, aediles, tribunes, quaestors. Thepresiding officer was entitled to speak at any stage of thedebate. The members either spoke at length or simply ex-pressed agreement, or nonagreement with the motion. Afterthe discussion the voting was by division. All voted exceptmagistrates in office. A decision of the Senate which was notvetoed was called a senatus consultwn; but if vetoed by anymagistrate having the right of veto, it was only a senatusauctoritas. To be valid, the decision must be reached beforesunset. Filibustering was practised, for the opponent of ameasure could prevent action on it by talking until sunset.

31. Functions. The Senate was primarily an advisory body,giving advice only when asked, but by reason of the dignity of itsmembers, it gained in power until it controlled all legislation andelections. Among its special powers were the following

:

1. In religious matters the Senate ordered the consultation ofthe soothsayers or the Sibylline books, decreed a thanksgiving(supplicatio) , games, or holidays, and cooperated with the religiousofficers in times of peril.

2. In financial matters the Senate controlled taxation, reve-nues, appropriations, and coinage.


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xxxii INTRODUCTION3. The Senate declared war and concluded peace, assigning

troops and military commands, awarding the title of imperatorand granting a triumph or a supplicatio.

4. The Senate could enter into an alliance by treaty with aforeign nation, assume the protectorate of a territory, or conferthe title of king or friend of the Roman people on a foreign poten-tate. Embassies from foreign nations were sent to it, and de-mands addressed to a foreign nation were sent by the Senate.

5. The government of the provinces was under the jurisdictionof the senate, which assigned the proconsuls and the propraetors.

6. The Senate discussed bills which were to be presented to thelegislative assemblies.

7. The Senate had the sole right of naming a dictator, or mightsuspend the ordinary laws by passing a senatus consultum ulti-mum, directing the consuls videant ne quid res publica detrimenticapiat.

THE MAGISTRATES32. There were six ordinary magistrates in the republican

period : consul, censor, praetor, tribune of the plebs, aedile,quaestor. The dictator and magister equitum were extraor-dinary, appointed only in critical times. The consul andpraetor (dictator and magister equitum) were magistrates withimperium, i.e. with supreme executive authority, military, civil,and judicial, which had formerly belonged to the kings. Theother officials were magistrates with potestas. The consul, censor,praetor, curule aedile (dictator and magister equitum) were curulemagistrates, i.e. were entitled to use the sella curulis, an ivorychair of peculiar shape, ds a symbol of authority. Non-curulemagistrates used a subsellium, a low wooden bench. By a lawin 180 B.C., a cursus honorum was established, making it neces-sary for one to have been quaestor before becoming praetor, andto have been praetor before becoming consul. Furthermore, itwas considered desirable to be aedile before being praetor, thoughnot essential. Besides this sequence, a minimum age limit wasfixed for the incumbent of each office ; for quaestor, thirty-one ;aedile, thirty-seven; praetor, forty; consul, forty-three. The


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THE MAGISTRATES XXXVi.e. death might be inflicted on any man who harmed the tribunein the exercise of his authority.

38. Censors. Two censors were elected every five years-They served for eighteen months and then abdicated, theirduties for the remaining time being assigned to the other magis-trates. These duties were (1) to take the census, assess property,and arrange for the register of tribes, classes, and centuries;(2) to revise the lists of senators and knights, excluding theunworthy (28), and in general to supervise public morals ; (3) tosell the privileges of collecting taxes, and to let contracts forpublic buildings. A man could be degraded from his rank,remaining so for the current register. On the other hand, amaster could free a slave by having him inscribed on the censor slist of citizens. In the last century of the republic the office lostmuch of its prestige, and from 86 to 70 B.C. no censors wereelected (Archias, ch. 5).

39. Dictator. In times of special peril the consuls appointeda dictator by order of the Senate. His authority lasted for sixmonths, or less if regular order was restored. There was noappeal from his decisions. He appointed a military assistant tocommand the cavalry (magister equitum), while he commandedthe infantry. There was no regular dictator after 202 B.C., forSulla and Caesar, who were so called, usurped the office.

40. Religious Officers. The religion of the Romans was astate institution. The priests were men of great influence andhad much to do with public life. The most important of thepriestly colleges were the pontiffs (pontifices) and the augurs(augures). The former, 15 in number, supervised all religiousobservances, chose and guarded the Vestals, regulated theCalendar, fixing the days for legal business and for festivals.They held office for life. The president of the college, the ponti-fex maximus, was not prevented from engaging in secular pursuits.Thus Caesar was elected to this office at the age of thirty-six, andcontinued his public career. The augurs observed and inter-preted the auspices or reputed natural signs. These signs werederived from the heavens, including thunder and lightning, fromthe flight of birds, from the behavior of sacred chickens, and in


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THE FORUM XXXviigovernment was intrusted to a proconsul when an army wasnecessar3r , to a propraetor when the province was quiet. As faras practicable, the freedom of the. provincials in local matterswas not interfered with. The tax exacted of a province was atithe (decuma), or a fixed amount in money (stipendium) . Be-sides the tithe, the Senate might impose the burden of supplyingfurther produce at a fixed price. (Gow.) During the lateryears of the republic, especially, the provinces were plunderedby the governors as well as by the tax farmers. Although chargescould be brought in the special court at Rome against the offender,yet in fact such action brought little permanent relief.

THE FORUM AND THE PUBLIC BUILDINGS43. The Forum was the low open space between the Capitoline

and Palatine Hills, originally a market place. It was abouttwo hundred and twenty yards long, sixty yards wide near theCapitoline, narrowing to thirty-five near the Palatine. (Gow.)Adjacent to it on the northwest corner was a small square, theComitium, used in earlier days as the center of public life.Between the Forum and ths Comitium stood the Rostra, thespeaker s platform, from which audiences could be addressed oneither side. It was from this platform that Cicero s orations tothe people were delivered. The Capitoline Hill on the west wasfamed for its temple of Jupiter. The Palatine Hill on the southeastwas the site of many shrines, and of the residences of wealthycitizens. On the north side of the Comitiumwas the Senate House,the Curia Hostilia, whose site is now marked by the Churchof St. Adriano. At the western end of the Forum was the Templeof Concord, built to commemorate the final harmony betweenthe patricians and the plebeians. The Temple of Jupiter Stator,in which Cicero delivered his first oration against Catiline prob-ably stood on the slope of the Palatine, a short distance to theeast of the Forum. Among the other buildings of interest aboutthe Forum were the Temple of Vesta, with its sacred fire ; theRegia, formerly the palace of the king, later the residence of thepontifex maximus; the basilicae, used for the law courts; andthe tabernae, rows of shops. The Forum was therefore the center


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Documents

Study Notes on Cicero and Natural Law